DECISION ORDER
ORDERED that the appeal is dismissed, with costs to the respondent.
The appellant is not aggrieved by the order ( see CPLR 5511; Scopelliti v. Town of New Castle, 92 N.Y.2d 944, 945). Thus, the appeal must be dismissed. To the extent that the brief filed purports to be on behalf of the plaintiff's present attorney, no notice of appeal was filed on his behalf ( see Geoghegan v. Peninsula Hosp. Ctr., 309 A.D.2d 834). In any event, the order was entered upon the present attorney's default in answering the motion ( see CPLR 5511).
RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.